CHENNAI: The Madras high court has made it clear that the duty of the state does not end with taking steps to stop illegal mining, but it must also collect compensation from perpetrators for illegal mining, desecration of ecology and biodegradation caused by them.
“It calls for some serious action from the state and not merely a knee-jerk reaction to suddenly wake up and stop the illegal mining activities at the prodding of the court,” the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu said. It is only fair that a person who has indulged in illegal mining for a considerable period before being caught, should be made to pay, including for the harm done to the environment and ecology as a consequence of the illegal activities, the court added.
The court passed the order on a PIL moved by C Prabhu seeking direction to the state government to take immediate steps to stop illegal quarrying across the state. When the plea came up for hearing, the state submitted a status report through the principal secretary in the industries department.
According to the report, all illegal mining activities have been stopped, criminal complaints lodged against the relevant persons and further steps are contemplated to recover damages.
Responding to the report, the petitioner submitted that the impact to the environment as a consequence of the illegal mining activities undertaken by several persons in the locality has not been attempted to be assessed.
He further alleged that the colossal biodegradation that was caused as a result of the illegal mining activities has neither been studied nor any person held accountable.
Advocate-general R Shunmugasundaram submitted that in addition to criminal complaints, primarily under Section 379 of IPC, being filed, steps are being taken against those involved with illegal mining to recover the money made by them in their illegal operations and also appropriately penalise them.
Recording the submissions, the court said, “the state’s plan of action against the relevant entities should be charted out and placed before this court when the matter appears a week hence.”
